G. THIPPESWAMY Vs. THIPPESWAMY AND ANOTHER

JUDGEMENT

(1.) THE dismissal of I.A. No. 12 for summoning the Secretary of T.N. Kote Gram Panchayat and permitting the Plaintiff to examine him was dismissed by the Trial Court holding that there are materials on records and that the Secretary did not have documents with him. It is this order that is being challenged.

(2.) HEARD both the Counsel.

(3.) IN the above circumstances, dismissal of the application is not proper and consequently the Civil Revision Petition is allowed.I.A. No. 12 for summoning is permitted. It is necessary to place on record the fact that summoning of document or a person can be done by procedural aspect without calling upon a Judge to exercise the judicial powers on that. Unfortunately the procedure has not been followed and even for summoning, interlocutory applications are sought to be filed. The provisions of Code of Civil Procedure must be strictly applied and for summoning pay the process with a memo to summon the person through the Court and serve him through bailiff shall be enough. Even the party can apply for hand over summons to serve on the witness to be present in the court. The Courts are directed to follow this and avoid interlocutory applications being filed for summoning the witness or the documents.